Reports of Cases Heard and Determined in the Appellate Division of the Supreme Court of the State of New York Volume 135 (Paperback)

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1910 edition. Excerpt: ...peremptory challenge. The chief defect charged against the juror appears to be that he was too intelligent and conscientious. Notwithstanding this, he repeatedly said that he did not think that it would take any 'evidence to overcome any prejudice he might have against the newspaper published by defendant; that he did not think he would be influenced thereby, and that he believed that he could render a verdict upon the evidence alone uninflueneed by any feeling. This was suflieient to qualify him as a juror, and the challenge was properly overruled. " It is sufiicient under the statute now in force if the juror believes that his opinion will not influence his verdict, etc., and it is not essential that he should be positive on the subject." (People v. I1am)arr;'o01m'an, 196 N. Y. 77 The defendant also criticizes a sentence in the charge, which was possibly erroneous or superfluous, because there was no evidence in the case to which it was applicable. But it was distinctly more favorable to the defendant than it was entitled to, and, therefore, furnishes no ground for reversal. The defendant's chief contention, and the only one requiring extended consideration, is that being a corporation, and having neither soul, conscience, mind nor feeling, it is incapable of enter taining a mischievous and malicious intent, which is an essential element in criminal libel. A criminal libel is defined by the Penal Code (under which the defendant was indicted and tried) as a " malicious publication " ( 242). Section 2-Hi of the same Code provides that " A publication having the tendency or effect mentioned in section 2-12 is to be deemed malicious if no justification or excuse therefor is shown," and...